Terms & Conditions

Last updated: August 2026

Important note: These terms are a template based on standard market clauses for ongoing agency services with a minimum term. They do not replace legal advice. Please have them reviewed by a legal or tax advisor before publishing, in particular: (1) whether your clients are predominantly businesses (B2B) or also consumers (B2C), (2) whether a 14-day right of withdrawal must be granted to consumers under the Austrian Distance and Off-Premises Contracts Act (FAGG), and (3) whether the liability and warranty clauses comply with the mandatory provisions of the Austrian Consumer Protection Act (KSchG). In case of any discrepancy between this English translation and the German original, the German version is legally binding.

1. Scope

These General Terms and Conditions ("Terms") apply to all contracts between Tuncware e.U. (DC AGENCY), Dr.-Salzmann-Straße 7/7, 4600 Wels, Austria, and its clients regarding the services described on this website (Website, Webshop, Social Media Management, Content Creation, Photography, Videography, and influencer placement).

Deviating terms of the client shall only apply if DC AGENCY has expressly agreed to them in writing.

2. Formation of contract

The presentation of services and prices on this website does not constitute a binding offer, but an invitation to enquire. A contract is formed when DC AGENCY confirms an enquiry in writing (e.g. by email) or when an individual offer is accepted in writing by the client.

3. Scope of services

The specific scope of services (e.g. number of content assets, channels managed, shoot days) results from the respective booked package as per the service description, or from the individual offer. Changes to the scope of services during the term must be agreed in writing by mutual consent.

4. Contract term, minimum commitment & termination

Services are offered as ongoing monthly packages with a minimum contract term of 12 months from the start of service. After the minimum term expires, the contract automatically renews for a further 12 months at a time, unless terminated in writing during the current term, at the latest 1 month before its expiry.

The right to extraordinary termination for good cause remains unaffected for both parties.

Right of withdrawal for consumers

If you conclude this contract as a consumer (not for your trade, business or profession) via means of distance communication (e.g. via this website, by phone or email, without simultaneous physical presence), you are entitled to a statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG):

Withdrawal notice

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Tuncware e.U., Dr.-Salzmann-Straße 7/7, 4600 Wels, Austria, phone: +43 676 6027709, email: hallo@dc-agency.at) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period expires.

Effects of withdrawal: If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the time you notify us of your withdrawal, compared to the total scope of services provided for in the contract.

No right of withdrawal exists pursuant to § 18(1)(1) FAGG if we — at your express request and after your acknowledgement that you will lose your right of withdrawal upon full performance of the contract — began performing the service before the withdrawal period expired and the service has since been fully performed.

Implementation note: This section reflects the statutory model text (Annex I FAGG) in substance. For the exception under § 18 FAGG (immediate start of service) to be legally effective, the client's express request and their acknowledgement of the loss of the right of withdrawal must be actively obtained (e.g. a separate checkbox in the order/enquiry process) — a mere reference in the terms is not sufficient according to prevailing case law. Please finalise this process together with legal advice before entering into contracts with consumers.

5. Prices & payment terms

The prices agreed at the time the contract is formed apply, plus statutory VAT. Billing takes place monthly in advance. Invoices are due within 14 days of the invoice date without deduction.

In the event of late payment, DC AGENCY is entitled to charge statutory default interest as well as reasonable reminder fees.

6. Client's duty to cooperate

To enable timely performance, the client is obliged to provide required materials (e.g. logos, copy, access credentials), feedback and approvals within a reasonable time. Delays caused by late cooperation shift the agreed deadlines accordingly.

7. Usage and copyright

All content created for the client during the contract term (text, graphics, photos, videos, website code) transfers unrestricted into the client's ownership upon full payment of the respective monthly service. For service periods not yet paid, the rights remain with DC AGENCY until payment is made in full.

DC AGENCY is entitled to name and showcase work created for reference and portfolio purposes, unless expressly agreed otherwise in writing.

8. Warranty & liability

DC AGENCY provides the agreed services to the best of its knowledge and in accordance with the current state of the art. No guarantee is given for the economic success of individual measures (e.g. reach, revenue), as this depends on numerous factors outside DC AGENCY's control.

Liability for slight negligence is excluded to the extent permitted by law. Liability is capped at the order value of the respective individual assignment. DC AGENCY is liable without limitation under statutory provisions for intent, gross negligence and personal injury. Liability for loss of profit or other indirect damages is excluded to the extent permitted by law.

Note: Exclusions of liability for slight negligence towards consumers are only permitted to a limited extent under § 6 of the Austrian Consumer Protection Act (KSchG); a blanket exclusion may be invalid as grossly disadvantageous. This clause should be legally reviewed before use with consumers.

9. Confidentiality & data protection

Both parties undertake to treat confidential information of the other party disclosed in the course of the collaboration as confidential. With regard to the processing of personal data, our privacy policy applies in addition.

10. Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the court with jurisdiction over Wels is agreed as the place of jurisdiction.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.